I argue that culpable ignorance can be irreducibly collective. In some cases, it is not fair to expect any individual to have avoided her ignorance of some fact, but it is fair to expect the agents together to have avoided their ignorance of that fact. Hence, no agent is individually culpable for her ignorance, but they are culpable for their ignorance together. This provides us with good reason to think that any group that is culpably ignorant in this irreducibly collective (...) sense is non-distributively collectively responsible for subsequent unwitting acts and consequences. (shrink)

In this paper, I respond to the following argument which several authors have presented. If we are culpable for some action, we act either from akrasia or from culpable ignorance. However, akrasia is highly exceptional and it turns out that tracing culpable ignorance leads to a vicious regress. Hence, we are hardly ever culpable for our actions. I argue that the argument fails. Cases of akrasia may not be that rare when it comes to epistemic activities such as evidence gathering (...) and working on our intellectual virtues and vices. Moreover, particular cases of akrasia may be rare, but they are not exceptional when we consider chains of actions. Finally and most importantly, we can be culpable for our actions even if we do not act from akrasia or from culpable ignorance, namely in virtue of our unactivated dispositional beliefs. (shrink)

This chapter argues that moral ignorance implies lack of care of morally relevant considerations as predicted by quality-of-will theories of responsibility, and thus moral ignorance, as opposed to circumstantial ignorance, does not excuse wrongdoing. A new attributionist framework for responsibility for attitudes is presented and supplemented with empirical studies on selective attention to explain the connection between caring and belief formation. The framework is then used to shed light on putative counterexamples to culpable moral ignorance by introducing attentional priority structures (...) that help to distinguish between genuine lack of care as a moral mistake, and nonculpable carelessness that undermines something the agent actually cares about. The chapter ends with a definition of adequate caring and a response to the objection from moral heroism. (shrink)

This paper explores types of organisational ignorance and ways in which organisational practices can affect the knowledge we have about the causes and effects of our actions. I will argue that because knowledge and information are not evenly distributed within an organisation, sometimes organisational design alone can create individual ignorance. I will also show that sometimes the act that creates conditions for culpable ignorance takes place at the collective level. This suggests that quality of will of an agent is not (...) necessary to explain culpable ignorance in an organisational setting. (shrink)

I explore the question of when an agent is derivatively, rather than directly, culpable for an undesirable outcome. The undesirable outcome might be a harmful incompetent or unwitting act, or it might be a harmful event. By examining various cases, I develop a sophisticated account of indirect culpability that is neutral about controversies regarding normative ethical issues and the condition on direct culpability.

Omissions in the moral sphere are often as morally significant as actions. Failing to rescue might be as morally bad as an act of cruelty—and open you as fully to blame. There’s no parallel for this in the evaluation of beliefs—at least according to Mark Nelson: “It is hard to see ourselves as epistemically blameworthy for our not-believings as much as for our believings” (Nelson 2010: 95). This is more or less what we deny: We can be epistemically culpable for (...) a skeptical inclination to not believe many of the things our evidence adequately supports. Just as a tendency to neglect the interests of others is probably morally bad and makes you morally culpable, a tendency to not believe—when your evidence favors believing—is epistemically bad and makes you epistemically culpable. Since this tendency can be grounded in skepticism, skepticism can make you culpable. That’s what we’re going to argue. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

In this paper I argue that selective abortion for disability often involves inadequate counselling on the part of reproductive medicine professionals who advise prospective parents. I claim that prenatal disability clinicians often fail in intellectual duty—they are culpably ignorant about intellectual disability. First, I explain why a standard motivation for selective abortion is flawed. Second, I summarize recent research on parent experience with prenatal professionals. Third, I outline the notions of epistemic excellence and deficiency. Fourth, I defend culpable ignorance as (...) the best explanation of inadequate disability counselling. Fifth, I rebut alternative explanations. My focus is pregnancies diagnosed with mild or moderate intellectual disability. (shrink)

This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...) harm in a situation if both culpably intend to harm another, but due to circumstances outside the control of the two people only one has a chance of succeeding in causing harm. I argue that there is no difference in liability between the two. I then turn to a kind of slippery slope challenge that accepting this conclusion would lead to a vast over-inclusiveness in those liable to defensive harm, and consider a recent attempt at meeting it that requires that a person’s culpability can only affect liability if it concerns the very situation in which defensive harm is relevant. Finally, I put forward and assess a new way of meeting the challenge that appeals to a particular conception of culpability together with auxiliary theses concerning how culpability can decrease over time, among others. (shrink)

The "conservative" holds that mental disorder exculpates only if it is evidence of a standard excuse or justification, i.e., one that a mentally "normal" person could have. The Liberal holds that mental disorder sometimes exculpates in itself. I argue that moral culpability in the case of mental disorder is often moot, and that the real issue is what a court should be allowed to do with such individuals. This undermines the idea that culpability is a necessary condition for (...) sentencing, but we already have that in cases of strict liability, and there seems to be no viable alternative in any case. (shrink)

In this article, I examine Michele Moody-Adams’ critique of the ‘inability thesis’, according to which some cultures make the resources for criticizing injustice ‘unavailable’ to their members. I investigate Moody-Adams’ alternative ‘affected ignorance’ thesis. Using the example of slavery in ancient Greece, I consider two potential candidates for affected ignorance which involve, respectively, ‘unawareness’ and ‘mistaken moral weighing’; in neither, I hold, may one ascribe culpability to those involved.

This paper seeks to challenge principles of culpability transfer as they appear in both criminal law and moral philosophy. I begin by discussing the legal doctrine of substituted mens rea, focusing on Section 33.1 of Canada’s Criminal Code. I argue that this doctrine violates the principle of contemporaneity, which there are sound philosophical reasons to accept. I then argue that the same reasons apply to tracing accounts of moral responsibility. Finally, drawing on the moral luck literature, I argue that (...) cases of extreme intoxication are better analyzed in terms of harm-causation than culpability-transfer. (shrink)

I argue that tracing theorists of culpability for ignorant wrongdoing should reject the widely accepted principle that culpability for ignorant wrongdoing should always be traced through culpability for the ignorance itself. Two kinds of cases are considered in which culpability for ignorant wrongdoing ultimately traces back to culpability for a benighting act, but where it appears that culpable ignorance is not part of the explanation of the ignorant wrongdoing's culpability. These are (1) cases in (...) which the ignorant wrongdoing is a foreseeable consequence of a culpable benighting act and yet the ignorance is an unforeseeable consequence of that act (making the ignorance blameless), and (2) cases in which the ignorance is the foreseeable consequence of a culpable benighting act (making it culpable) but where the connection between the ignorance and the foreseeable wrongdoing from it is itself unforeseeable. I contend that culpability for the ignorant wrongdoing in neither kind of case requires an appeal to culpable ignorance. Both kinds of cases appear to involve causal deviance. However, I draw upon recent work on causal deviance to argue that any causal deviance in these cases does not fully excuse given the lack of intervening causes. (shrink)

A point of contention in recent discussions of the epistemic condition of moral responsibility is whether culpable ignorance must trace to akratic belief mismanagement. Neil Levy has recently defended an akrasia requirement by arguing that only an akratic agent has the capacity rationally to comply with epistemic expectations the violation of which contributes to her ignorance. In this paper I show that Levy’s argument is unsound. It is possible to have the relevant rational capacity in the absence of akrasia. I (...) also argue that the internalist account of rationality that does much of the work in his argument is problematic. (shrink)

In this short article I examine whether and how one’s minor culpability in giving rise to an instance of otherwise justified defense affects the defense and affects the act giving rise to it.

The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability and inadvertence-based culpability for unjustified risk-taking. With reference to criminal law (...) theory and philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law. (shrink)

A hermeneutical injustice (Fricker 2007) occurs when a gap in shared resources leaves an agent unable to make her experience intelligible to herself or others. On Miranda Fricker’s account, no individual is culpable for a hermeneutical injustice (2007; 2013; 2016). This is because community-level structures determine the shared resources we use to make our experiences intelligible—e.g. shared languages and concepts. No individual has control over community-level structures, so no individual is responsible for gaps in shared resources. Contra Fricker, I argue (...) that, for communicative hermeneutical injustice, individuals often do have control over the resources used to make their experiences intelligible to others. When we encounter gaps in a common language (like ‘English’), language users innovate across those gaps. If a hearer rejects a suggested innovation, they might culpably preserve a gap in shared resources. Fricker (2013; 2016) has responded to similar arguments (e.g. Medina 2012; Pohlhaus 2012), arguing that these are not cases of hermeneutical injustice. My account evades this response. Every case of communicative hermeneutical injustice involves a failed innovation. (shrink)

Knobe argues in his target article that asymmetries in intentionality judgments can be explained by the view that concepts such as intentionality are suffused with moral considerations. We believe that the “culpable control” model of blame can account both for Knobe's side effect findings and for findings that do not involve side effects.

In earlier work, I argued that agents are blameworthy for their ignorance only when they have akratically failed to take advantage of an opportunity to improve their epistemic situation, because it is only when agents judge that they ought to take such an opportunity that they can reasonably be expected to do so. In response, Philip Robichaud argues that the conditions under which agents may reasonably be expected to improve their epistemic situation are broader than I recognize, and that culpable (...) ignorance is more common that I believe. He also claims to show that my account of internalist reasons cannot do the work I demand of it. In response, I elaborate the conception of ‘capacity’ my account requires. If we pay attention to the conditions under which it is reasonable to expect an agent to exercise a capacity, I maintain, we can identify a sense of the term that plays the role I want: showing that agents can reasonably be expected to take advantage of an opportunity to improve their epistemic situation only when they would be akratic in not doing so. (shrink)

My paper has two aims: to underscore the importance of differently time-indexed ‘ought implies can’ principles; and to apply this to the culpable inability problem. Sometimes we make ourselves unable to do what we ought, but in those cases, we may still fail to do what we ought. This is taken to be a serious problem for synchronic ‘ought implies can’ principles, with a simultaneous ‘ought’ and ‘can’. Some take it to support diachronic ‘ought implies can’, with a potentially temporally (...) distinct ‘ought’ and ‘can’. I will argue that this problem is not avoided by diachronic ‘ought implies can’. (shrink)

This chapter critically examines various proposals for liability of a person to defensive harm. Drawing on the idea that there is an important relationship between a person’s liability to be harmed and the enforceable duties that she incurs as a result of posing a threat to others, it demonstrates that no simple account of liability will be successful. As there are many considerations that bear on the duties that a person has, there are many considerations which bear on a person’s (...) liability to be harmed. This general claim is supported through a demonstration both that culpability without causation can ground liability, and that causal contribution without culpability can ground liability. (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending (...) my own restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

This paper focuses on several issues that arise in Miranda Fricker?s book Epistemic injustice surrounding her claims about our (moral) culpability for perpetrating acts of testimonial injustice. While she makes frequent claims about moral culpability with respect to specific examples, she never addresses the issue in its full generality, and we are left to extrapolate her general view about moral culpability for acts of testimonial injustice from these more restricted and particular claims. Although Fricker never describes testimonial (...) injustice in such terms, I argue that the fundamental wrong done in acts of testimonial injustice is a form of negligence. Once we understand testimonial injustice in this way, it is easier to see when and why we are culpable for perpetrating such injustices. Indeed, explicitly recognizing testimonial injustice as a form of negligence solves several problems for Fricker?s view, which are elucidated briefly along the way. However, construing testimonial injustice as a form of negligence has a cost as well. It highlights the fact that the normative core of Fricker?s view is deontological, rather than virtue-theoretic. Fricker claims to be offering a theory of the virtue of testimonial justice along the model of current virtue theories in epistemology, yet it seems that there is no compelling reason to think of what she has offered as a virtue theory, at least not on the model of virtue theories that one finds in epistemology. This is not to say that her view is any less plausible for not being a virtue theory. But calling it a virtue theory affects how one interprets its various claims, and tends to lead one away from, rather than toward, a proper understanding of the deep deontological nature of her account. (shrink)

Ignorance is often a valid excuse for wrongdoing. But authors such as William FitzPatrick argued that ignorance is culpable if we could have reasonably expected the agent to take action that would have corrected or prevented it, given his capabilities and the opportunities provided by the context, but failed to do so due to vices such as laziness, indifference, disdain, etc. Guilty ignorance is still present in the debate and, in recent times, has become more pressing with the problem of (...) technological responsibility. In this paper, an internalist perspective of culpable ignorance is adopted to analyze a form of culpability distribution in the technological context based on dispositional beliefs. Thus, two types of responsibility are found. By examining the implications of culpable ignorance, we realize that we can respond to the unambiguous idea that an engineer is morally and epistemically responsible for certain facts. (shrink)

Some contemporary states are morally culpable for historically distant wrongs. But which states for which wrongs? The answer is not obvious, due to secessions, unions, and the formation of new states in the time since the wrongs occurred. This paper develops a framework for answering the question. The argument begins by outlining a picture of states’ agency on which states’ culpability is distinct from the culpability of states’ members. It then outlines, and rejects, a plausible-seeming answer to our (...) question: that culpability transmits from a past state’s action to a present state just if the two states share a numerical identity, for example as determined by international law. I advocate a different answer: culpability transmits from a past action to a present state to the extent that the present state ‘descends from’ the aspects of the past state that underpinned the past action. One potential upshot is that some present-day settler-colonies (such as Australia) are culpable for the centuries-ago invasion of their lands by European powers—even though these states did not perform these invasions and indeed did not exist at the time. (shrink)

Recent writers on negligence and culpable ignorance have argued that there are two kinds of culpable ignorance: tracing cases, in which the agent’s ignorance traces back to some culpable act or omission of hers in the past that led to the current act, which therefore arguably inherits the culpability of that earlier failure; and non-tracing cases, in which there is no such earlier failure, so the agent’s current state of ignorance must be culpable in its own right. An unusual (...) but intriguing justification for blaming agents in non-tracing cases is provided by Attributionism, which holds that we are as blameworthy for our non-voluntary emotional reactions, spontaneous attitudes, and the ensuing patterns of awareness as we are for our voluntary actions. The Attributionist explanation for why some non-tracing cases involve culpability is an appealing one, even though it has limited scope. After providing a deeper account of why we should take the Attributionist position seriously, I use recent psychological research to argue for a new account of the conditions under which agents are culpable for straightforward instances of blameworthy acts. That account is extended to blameworthiness for non-voluntary responses. I conclude that even when the agent’s failure to notice arises from a nonvoluntary objectionable attitude, very few such cases are ones in which Attributionism implies that the agent is blameworthy for her act. (shrink)

I defend the principle that a person is blameworthy for her action only if that action was morally wrong. But what should we say about an agent who does the right thing based on bad motives? I present three types of cases that have these features. In each, I argue, the agent is not culpable for her action; however, she violates the norm of moral responsibility, and thus acts in a morally irresponsible way. This analysis, I show, has several virtues. (...) It also has important theoretical ramifications: it allows for a more nuanced approach to moral luck and paves the way for an unexplored line of defense in favor of a particular norm of moral responsibility. (shrink)

In this paper, I offer a novel account of entrapment. This account suggests that the wrongness of pursuing punishment in cases of entrapment consists of two distinct components, one concerning the culpability of the entrapped defendant and the other concerning the legitimacy of the entrapping state to prosecute crimes that it has effectively created. Distinguishing these two components of entrapment, I explain, helps to clarify the moral issues at stake and to resolve some confusions and debates in existing legal (...) analyses of entrapment. (shrink)

Ethicists and legal theorists have proposed models of corporate culpability that shift the standard of guilt determination from vicariousattribution of individual action and intention to an assessment of culture, policies, as well as organizational action and inaction. This paper briefly reviews four prominent models of corporate culpability, arguing that each makes claims that extend well beyond the limits of existing law. As an alternative to these models, a constructive corporate fault is described that relies on both objective and (...) subjective reasonableness judgments. The paper concludes with a consideration of constructive corporate fault in relation to an Accountability model of corporate liability. (shrink)

This review engages with Ee Ling Quah's Fire Dragon Feminism: Asian Migrant Women's Tales of Migration, Coloniality and Racial Capitalism (2025), a timely contribution that theorises 'fire dragon feminism' through the lived experiences of Asian migrant women in the Australian academy. Quah examines their shifting positions of privilege and vulnerability within global racial capitalism, colonialism and neoliberalism, analysing how racialised myths condition migrant women's lives and how myths embedded in corporate equity, diversity and inclusion (EDI) programs further shape their experiences. (...) In this review, I highlight how Quah's framework captures the structural dimensions of emotions such as burnout, hypervigilance and isolation in the white-dominant academy. While appreciating Quah's critique of binaries that portray Asian migrant women as either helpless victims or self-sufficient agents, I raise concerns about her use of 'culpability' to describe migrant women's complicity in oppressive systems. Drawing on Marilyn Frye's and Sukaina Hirji's accounts of 'double binds' and Iris Marion Young's 'social connection' model of responsibility, I argue that Asian migrant women are responsible for structural injustice without being blameworthy. By distinguishing implication and complicity from culpability and blameworthiness, I suggest a more adequate framework for understanding the collective responsibilities fire dragon feminism calls us to embrace. (shrink)

When actions are mediated by means of a brain-computer interface, it seems that we cannot assess whether the user is culpable for the ac- tion without determining whether the brain-computer interface correctly decoded the intentions of the user. Here I argue that this requirement is confused. I also argue that, at least for the purposes of assessing moral culpability, BCI-mediated action should be viewed on the model of action mediated by ordinary (albeit complex) tools.

In The Age of Culpability, Gideon Yaffe argues that all minors who commit crimes should be treated more leniently by the criminal law than similarly situated adults. This core intuition – that “kid...

When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be (...) about. I discuss the advantages and disadvantages of this approach with special attention to how to contrast offenses from defenses. The alternative I tend to favor probably should not be implemented in existing penal codes. As a result, we are likely to remain dissatisfied with the decisions made by our criminal justice system about the exculpatory effect of ignorance of law. (shrink)

This paper discusses Douglas Husak’s view that ignorance of the law always reduces culpability since the only fully culpable agents are those who are akratic—who act, that is, in a way that they judge to be wrongful, all things considered. The paper argues that this position is in tension with Husak’s avowed commitment to a reasons-responsiveness theory of culpability, given a plausible way of understanding what that means, and what a reason is.

Consider the following argument: (1) Whether, or the degree, persons are morally culpable ultimately depends on the (final) reasons that motivate their actions; (2) The degree to which persons are morally culpable should be a central concern of criminal law; (3) Criminal law in many countries focuses more on the beliefs and intentions of agents and less on their motivating reasons; therefore (4) Criminal law in many countries is unjust and should be revised. The premises of this argument are appealing (...) and widely accepted, yet its conclusion is radical. Therefore, the argument is interesting and important. However, the argument is not entirely clear in several respects, and the attempt to clarify it reveals several significant (although not necessarily decisive) doubts regarding its soundness. In this paper, I examine these doubts as well as a related, more general, lesson concerning normative arguments about the law. (shrink)

In this essay, I argue that any legal framework that addresses sexual transmission of HIV should be sensitive to the way that culpability can be mitigated by moral and factual ignorance. Though it is wrong to transmit HIV, public officials should be wary of criminalising transmission because people with HIV may be excused if they suffer from blameless moral or factual ignorance. I begin with the widely shared premise that blameless ignorance about one’s HIV status is an excuse for (...) sexual transmission of infections. I then extend this premise to other kinds of non-moral ignorance about HIV. Next, I argue that blameless moral ignorance also excuses transmission of HIV. There is some evidence of significant blameless non-moral and moral ignorance about HIV transmission. In these cases, transmission is excused. In light of the presence of moral and non-moral ignorance about HIV, I conclude that public health officials should encourage moral deliberation about HIV transmission and also that criminal penalties for HIV transmission are unwarranted even in some cases of knowing or intentional transmission. (shrink)

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and regarding whether the principle can deliver absolute judgments, or only (...) comparative ones. This essay proposes that these differences cannot be successfully adjudicated, and one candidate proportionality principle preferred over its rivals, in the abstract; a proportionality principle only makes sense as an integrated part of a more complete justificatory theory of criminal punishment. It then sketches a proportionality principle that best fits the responsibility-constrained pluralist theories of criminal punishment that currently predominate. The proportionality principle it favors provides that punishments should not be disproportionately severe, in noncomparative terms, relative to an agent’s culpability in relation to their wrongdoing. (shrink)

Actions that are intended to produce harmful consequences can fail to achieve their desired effects in numerous ways. We refer to action sequences in which harmful intentions are thwarted as deviant causal chains. The culpable control model of blame (CCM)is a useful tool for predicting and explaining the attributions that observers make of the actors whose harmful intentions go awry. In this paper, we describe six types of deviant causal chains; those in which: an actor’s attempt is obviated by the (...) intervention of another person or the environment; the intended effects could not have been produced regardless of the actor’s behavior; other causes diminish the actor’s causal role; the actor brings about foreseen but undesired consequences as a result of pursuing his or her focal goal; the focal action produces a chain of increasingly remote causal events; and the actor derives unforeseen benefits from his or her nefarious actions. A basic assumption of the CCM in these cases is that attributions for the participants’ actions will depend on positive and negative evaluations of their intentions and behaviors. We describe empirical findings that are consistent with this assumption, and predict other findings for causal deviance phenomena that have not yet been investigated empirically. (shrink)

Teza o "neskrivljenom neznanju" je instrument u okviru teorije pravednog rata koja sluzi da se moralno opravda ucesce u ratu za pripadnike one strane koja je porazena; uslovi za neskrivljenost su da su porazeni borci iskreno verovali da brane pravednu stvar i da su takodje iskreno verovali da imaju nekih izgleda da pobede. Bez ovog instrumenta teorija pravednog rata, jedna teorija koja opravdava rat preko pravednog uzroka rata, bi porazenoj strani narocito ako je slabija, morala da unapred pripise krivicu sto (...) je uopste usla u rat. Medjutim, u savremenoj situaciji rasirene kriminalizacije rata sam pojam rata se menja i postaje izuzetno neodredjen. Kako ratovi postaju sve vise i vise "asimetricni", pre svega u snazi sukobljenih strana, cini se da se teorija pravednog rata suocava sa teskocom da u svoje okvire uopste situira "neskrivljeno neznanje", ali to povlaci teskocu te teorije da pokaze da pravda ide sa pobedom, otvarajuci tako pitanje artikulacije pravednog mira. (shrink)

Crime and Culpability, by Larry Alexander, Kimberly Kessler Ferzan (with Stephen Morse) is a visionary work of moral and legal philosophy. Nonetheless, it is fundamentally morally misguided. In seeking to free criminal law from what the authors take to be the distorting influence of outcome luck, they arrive at a position that is overly exculpatory. It fails to hold actors liable for the harms they cause when they have taken less care they should. -/- I argue, first, that the (...) authors’ attempt to strip criminal law of outcome luck is incoherent in its own terms, and that any attempt to follow through on their program would require a much more severe loss of accountability than the authors acknowledge. I then argue that outcome luck is pervasive in our moral lives, and that, given the choice of (a) not being able to hold agents accountable for much, or (b) holding them accountable for the results of their choices, including outcomes that result in part from moral luck, the right choice is (b). I wrap up with a concluding observation about the implausible moral psychology that underlies the authors’ view of culpable action. (shrink)

Causation is one of philosophy's most venerable and thoroughly-analyzed concepts. However, the study of how ordinary people make causal judgments is a much more recent addition to the philosophical arsenal. One of the most prominent views of causal explanation, especially in the realm of harmful or potentially harmful behavior, is that unusual or counternormative events are accorded privileged status in ordinary causal explanations. This is a fundamental assumption in psychological theories of counterfactual reasoning, and has been transported to philosophy by (...) Hitchcock and Knobe (2009). A different view--the basis of the culpable control model of blame (CCM)--is that primary causal status is accorded to behaviors that arouse negative evaluative reactions, including behaviors that stem from nefarious motives, negligence or recklessness, a faulty character, or behaviors that lead to harmful or potentially harmful consequences. This paper describes four empirical studies that show consistent support for the CCM. (shrink)

This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting (...) in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor's desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal (...) class='Hi'>culpability, i.e., the type of culpability necessary for criminal conviction. (shrink)

Many of us believe that if some acts wrongly out of culpably ignorance, they are morally blameworthy to some degree. I offer a defense of this view against the powerful "Liberal Challenge" to the position. My defense proceeds by arguing that facts about a given agent's quality of will can play a different explanatory role in the larger theory of blameworthiness and the structure of exculpation than is often assumed.

The problem of feeling guilty about a pregnancy loss is suggested to be primarily a moral matter and not a medical or psychological one. Two standard approaches to women who blame themselves for a loss are first introduced, characterised as either psychologistic or deterministic. Both these approaches are shown to underdetermine the autonomy of the mother by depending on the notion that the mother is not culpable for the loss if she "could not have acted otherwise". The inability to act (...) otherwise is explained as not being as strong a determinant of culpability as it may seem at first. Instead, people’s culpability for a bad turn of events implies strongly that they have acted for the wrong reasons, which is probably not true in the case of women who have experienced a loss of pregnancy. The practical conclusion of this paper is that women who feel a sense of guilt in the wake of their loss have a good reason to reject both the psychologistic and the deterministic approaches to their guilt—that they are justified in feeling upset about what has gone wrong, even responsible for the life of the child, but are not culpable for the unfortunate turn of events. (shrink)

People are often responsible for what they do, but they also often possess an excuse. One of the most common excuses is ignorance. Not all ignorance constitutes an excuse, however, for some ignorance is culpable and culpable ignorance is no excuse. But what about group agents? In our everyday practices, we blame group agents constantly. But if groups can be blameworthy, they plausibly can also be excused. Surely one such excuse is ignorance. But, as with individual agents, some group ignorance (...) is also surely culpable. How should we understand the culpable ignorance of group agents? In this paper, I argue for two conditional claims that together constitute what I call the Group Justification Thesis, which is a group-agent adaptation of the Justification Thesis put forth by Biebel [(2018). ‘Epistemic Justification and the Ignorance Excuse.’ Philosophical Studies 175 (12): 3005–3028]: (i) A group agent is excused because of ignorance only if that ignorance is justified, and (ii) a group agent is culpable despite being ignorant only if that ignorance is not justified. One interesting upshot of this view is that a group agent can be culpably ignorant even though none of the members are culpable for their ignorance. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)